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My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More
answered on Oct 17, 2024
It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More
The lot is a .5 acre lot in Adelphi Ohio. There are two mobile homes on the lot they rent the lots but own the homes. We want to buy our own mobile home to move to the lot. Can we have the current tenants move if given a reasonable time to vacate? Would we be legally responsible for any cost in... View More
answered on Oct 3, 2024
You are on notice of a rental agreement so you are bound by the terms. Once you know the terms and conditions as well as the length of the agreement (term) you can cancel the contract or refuse to renew.
There are very specific laws regarding mobile home parks and the eviction process. It... View More
I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More
answered on Sep 24, 2024
Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More
There was a handshake on the agreement of $10,000 for the travel trailer with payments of $300 a month until it was paid off. My husband agreed because the couple were in dire straights after a tornado had destroyed their trailer that they lived in full time. The stated that they had to have the... View More
answered on Aug 30, 2024
You should file a complaint for breach of contract and replevin. The statute of frauds will pose a problem but you should be able to avoid the statute of frauds based upon partial performance.
You should file in municipal court
Process quicker and damages less than $10,000... View More
Contract signed for project and down payment paid in March. Contractor never contacted me again. I complained to the contractor company then was given a new contractor who is doing the same as the prior contractor. Verbally, the agreement with the first contractor and second contractor was to... View More
answered on Jun 11, 2024
Recently had a decision from the Fifth District that held that the contract did not have a completion date, and the contract did not state that "time was of the essence", therefore the absence from the project for even a long period of time was not a material breach. Attempting to... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
The answer to your question requires a review of your contract to sell your home. The sale of your home is conditioned upon you finding a new home. The language of that condition will be the key to determining your rights. "It is contingent on me finding a house." Any house, a house... View More
My mother died and there is a Transfer on Death affidavit so my sister gets the house. There is still a mortgage on the house. Can my sister be added to the mortgage without having the Ability-To_Repay rule be applied? That is, can she be added without looking at her credit history? We did not... View More
answered on Mar 28, 2024
Once the lender verifies that the person is a bona fide successor in interest there is not supposed to be any inquiry into the successor in interest's finances.
The CFPB issued an interpretation in 2014 stating:
the creditor's written acknowledgement of the successor as... View More
We received a letter stating that we would be switching from Barnett Management to Continental Management. We paid Continental and I called Barnett to confirm the change. I was blindsided by the summons and didn't realize I owed anything to Barnett as I was told to pay Continental. I never... View More
answered on Nov 15, 2023
You have a defense of payment (Accord and Satisfaction). The HOA will assert that you were late in payment and never paid until the law firm was engaged and you received the complaint. The ability to demonstrate the timing of your payment will be critical to your defense.
I believe that... View More
I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.
I am not... View More
answered on Sep 26, 2023
You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More
They have apologized but I want to keep this from every happening to any other pet or pet family. He was pure love and joy and our family is DEVASTATED. There was negligence and carelessness throughout and multiple times to catch it that were missed by trusted animal medical facility doctors and... View More
answered on Sep 26, 2023
While your family was devastated by the loss of a pet, and you probably consider your pet to be part of the family. In Ohio, a pet is merely personal property and there is no emotional or other non-economical damages that can be recovered, absent circumstances that your post does not mention.
I recently purchased a home and decided to forgo a home inspection. The sellers did not disclose any foundation issues and a big selling point was that the basement was waterproofed. Upon moving in, we learned that part of the house is above a dirt crawlspace with no vapor barrier. One of the rooms... View More
answered on Aug 16, 2023
The purchase agreement may have a provision which states that the house is purchased "as is" if an inspection is not conducted.
However, if a seller conceals items, then the lack of an inspection would not result in an "as is" purchase. A seller cannot conceal a... View More
The water hot water has been out since a week before Easter. They keep giving us the runaround. Our kids have not been able to take a bath we have a newborn we can’t warm up her bottles except in the microwave. We really need hot water. We’re spending money going to a hotel so the kids can... View More
answered on Apr 26, 2023
Ohio Revised Code Section 5321.07 states that you should give written notice to your landlord at the place you normally pay rent. Given the severity of the issue you should ask that the matter be resolved in 7 to 10 days. If the landlord refuses to fix the condition, and you are current with your... View More
A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More
answered on Apr 8, 2023
Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... View More
I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More
answered on Apr 8, 2023
The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More
answered on Apr 8, 2023
R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;
The original survey is the act of marking the... View More
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answered on Apr 8, 2023
Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More
I have a customer that is based in Texas but has a steel mill in Ohio. We are in Ohio and supplied materials to this company for repairs to the steel mill. Can a NOI or mechanics lien be done for this customer?
answered on Oct 18, 2024
Yes, within 75 days from the date materials were furnished. If owner did not record notice of commencement, then no need to provide notice of furnishing.
answered on Sep 29, 2024
The terms of the land installment agreement should be in writing and recorded with the County Recorder.
Unless the contract allows the rent to be modified by the landlord, the landlord cannot change the amount of the rent or the term
answered on Sep 2, 2024
Yes. You should give her a 30 day notice brining on the 1st day of the following month, and then if she does not leave you must give her a three day notice that meets the statutory requirements
I have lived at my apartment for 7 years, paid my rent in full and on time the entirety of my time; they have filed an eviction notice on me for court on Feb. 7th. The manager called and stated that she made a mistake and to ignore the eviction papers from the sheriff but I received another... View More
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